AFFIDAVIT - judicialwatch.org fileSTATE OF NEWYORK COUNTY OF NEWYORK SS: AFFIDAVIT Page 1 of 1 I, being duly sworn, hereby make the following affidavit to , who has identified self

STATE OF NEW YORK

COUNTY OF NEW YORKSS:

AFFIDAVIT

Page 1 of 1

I, being duly sworn, hereby make the following affidavit to , who hasidentified self to me as a Special Agent with the Office of Investigations, General ServicesAdministration (GSA):

I am currently employed as a Contract Specialist with the GSA, Federal Acquisition Service, SpecialOrder Team, at 26 Federal Plaza, Room 19-116, New York, NY. I have been with GSA forapproximately years. has been my supervisor for the past five years.

and I understand each other. has a bad temper and will be sharp with employees. hasscolded me a few times. By scolded I mean that has raised voice at me and I have heardraise voice at others. Foul language is common practice amongst most males on the team. I haveheard curse sometimes.

works from home every other Friday. I do not work from home. I for duringabsences but I do not have I have not had any issues with my performance ratingsand it has always been consistent.

I have read the foregoing affidavit consisting of 1 page. I fully understand this affidavit and it is trueand complete to the best of my knowledge and belief. I have initialed all the corrections and placedmy initials at t~e bottom of each page.

I make this affidavit freely and voluntarily, without any threats or rewards, or promises of rewardhaving been made to me in return for it.

Subscribed and sworn to before me this l~ day of November, 2008, at 26 Federal Plaza, Room#1751 e York. NY.

Special AgentSignature ofSpecial Agent

Documents Obtained by Judicial Watch, Inc.

ATTACHMENT35


Office of Inspector GeneralGeneral Services Administration AFFIDAVIT

· ,.'., ~.

PAGE 1 OF 3

STATE OF 'N..z......J 'Su[k----~)

D ~),( ) 55:

COUNTY O~ \ Q ~0 ~~L )

I, , being duly sworn, hereby make the following affidavit

to ., who has identified himself to me as a Special A .

Office of Invesf . . gent with theSTAT~MENT: I atlons General Services Administration. • -

GENERAL SERVICES ADMINISTRATION GSA FORM 9574 (9-85)


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I have read the foregoing affidavit consisting of -:2 - I I '.complete to the best of my knowledge and belief I h " .p~gdes·1I ·hfU Iy und~rstand thiS affidavit and it is true andof each page. . ave !nltla eat e corrections and placed my initials at the botton

~~~~~:~~~:~~~~:it freely and voluntarily, without any threats or rewards, or promises of reward having been made 1'0

............. ~ _----~ --- -~--- ..._-- ...... _... _._ ....


ATTACHMENT36


Office of Inspector GeneralGeneral Services Administration AFFIDAVIT

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, being duly sworn, hereby make the following affidavit

STATE OF )JR...0 \jd Ie

COUNTY OF N1YJ Y(}./ LI,t --

, who has identified himself to me as a Special Agent with the

Office of Investigations, General Services AdministrationSTATEMENT: . '

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GENERAL SERVICES ADMl STRATION

....

ant) .

GSA FORM 9574 (9-85)


~._-,_._-_._--

PAGE'4-'-'--~ - ------_.__. -------------

I have read the foregoing affidavit consisting of_-\:_+-:.,e--pages. I fully understand this affidavit and it is true andcomplete to the best of my knowledge and belief. Initialed all the corrections and placed my initials at the bottolof each page.

I made this affidavit freely and voluntarily, without any threats or rewards, or promises of reward having been made 1'0me in return for it.

Subscribed and sworn t; before me this __L_J-.L.- day of~VeA!'~

GSA FORM 9574 BACK (9~B5


ATTACHMENT37


Office of Inspector GeneralGeneral Services Administration

STATE 0 F l'JE.\..0 'JORK

COUNTY OF NEw 'tQR.1(

AFFIDAVIT

)

) ss:)

, -.....

PAGE 1 OF ~

I, nt) , being duly sworn, hereby make the following affidavit

to . , . .• gent) , who has Identified himself to me as a Special Agent with the

~~~~~~~~~vestigations,General Services Administration.

GENERAL SERVICES ADMINISTRATION GSA FORM 9574 (9-85)


PAGE~OF~

I have read the foregoing affidavit consisting of pages. I fully understand this affidavit and it is true andcomplete to the best of my knowledge and belief. I have initialed all the corrections and placed my initials at the bottorrof each page.

I made this affidavit freely and voluntarily, without any threats or rewards, or promises of reward having been made fame in return for it.

SIGNATURE OF AFFIANT

-Subscribed and sworn to before me th day of .:.-- 19 _" at

SIGNATURE. SPECIAL AGENT

.. ',,'

3ENERAL SERVICES ADMINISTRATION

SIGNATURE· WITNESS

GSA FORM 9574 BACK (9:85)


I have read the foregoing affidavit consisting of pages. I fully understand this affidavit and it is true andcomplete to the best of my knowledge and belief. I have initialed all the corrections and placed my initials at the bottomof each page.


-Subscribed and sworn to before m


........

3ENERAL SERVICES ADMINISTRATION


-..,.,L-.. day of 19 at

SIGNATURE • WITNESS

GSA FORM 9574 BACK (9~85)


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I have read the foregoing affidavit consisting of pages. I fully understand this affidavit and it is true andcomplete to the best of my knowledge and belief. I have initialed all the corrections and placed my initials at the bottonof each page.



-Subscribed and swam to before me this day of 19 _. a'

SIGNATURE - SPECIAL AGENT SIGNATURE· WITNESS

JENERAL SERVICES ADMINISTRATION GSA FORM 9574 BACK (9~85



. pages. I fully understand this affidavit.a~~ it is andtOrTI have initialed all the corrections and placed my inItials at the t

I have read the foregoing affidavit consisting ofcomplete to the best of my knowledge and belief.of each page.

., h romises of reward hI made this affidavit freely and voluntarily, without any treats or ~:,;:;a"T1-I~ PsI\JALTV OF P62:S'"v.~me in return for it, I>rN~ MAKE .suct1 "",,/:)I:IZ- • J

GSA FORM 9574 BACK (9~85)RATION

~"",e.t-,JS, ~ QOQB atSubscribed and sworn to before me this day of_-!~~~~ _1"601 lOA 2(,;, I Fta Col

.:>ENERA

SIGNATURE· SPECIAL AGENT


ATTACHMENT38


FOR OFFICIAL USE ONLY

REPORT INSERT - OFFICE OF INSPECTOR GENERAL

MEMORANDUM OF INTERVIEWINTERVIEW OF

Contract S ecialist

DATE OF INTERVIEW

November 18, 2008

On November 18, 2008, Contract Specialist, United States General ServicesAdministration (GSA), Federal Acquisition Service (FAS), Northeast and Caribbean Region, 26 FederalPlaza, Room #19-116, New York, NY, was interviewed by the Reporting Agent (RIA) and Special Agent

. The purpose of the interview was to discuss anonymous allegations of misconduct byGSA employees and management in FAS, Northeast and Caribbean Region. The interview was conducted inthe GSA/Office of Inspector General Conference Room, 26 Federal Plaza, Room 1751, New York, NY.

provided the following in substance:

• has been a Contract Specialist with FAS for years.

• is not abrasive with has heard yell at other co-workers, mostly themales who work on 's team.

• For the past five years, morale in the office has been low. feels the officemorale changed after several long time GSA employees retired or left during that time.

• tunes out everything. minds business, does work and then goes home.does not get involved with the office politics.

• has heard yell at co-workers, but never heard call them stupid or curse atthem.

• The office is understaffed and overworked.

• has not heard of any time card manipulation by nor takingextended lunch hours with contractors; or problems with perfonnance ratings.

RIA asked if would provide a written affidavit detailing the facts and circumstancessurrounding the alleged misconduct. voluntarily agreed, without any threats or rewards, orpromises of reward being made and was provided an Affidavit, GSA Fonn 9574. completedsuch in own handwriting. initialed each page, signed the final page and affirmed to anoath administered by the RIA that statement was true and complete to the best of knowledge.(Attachment)

FILE NUMBER10920058

General Services Administration

DATE PREPAREDNOVEMBER 18, 2008

nON (Use continuation sheet, GSA Form 9506-q


SUPERVISOR

GSA FORM 9506-A (Rev 7-98)


ATTACHMENT39


Office of Inspector GeneralGeneral Services Administration AFFIDAVIT PAGE 1 OF /

STATE OF

COUNTY OF N_-L_v0_~~O_v-,-IL _ss:

I, _ , being duly sworn, hereby make the following affidavit

to_C_o o~ _ , who has identified himself to me as a Special Agent with the(Name of Special Agent)

Office of Investigations, General Services Administration.STATEMENT:

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GENERAL SERVICES ADMINISTRATION


I /PAGE __OF_

f have read the foregoing affidavit consisting of--->,;:---,---+_pages. 'fully understand this affidavit and it is true andcomplete to the best of my knowledge and belief. initialed all the corrections and placed my initials at the bottorof each page.



GSA FORM 9574 BACK (9:85:


ATTACHMENT40


PAGE 1 OFAFFIDAVITces Administ rationOffice of InsGeneral se~ectorGeneral

STATE OF

I,


I'N fl.. 'J -

G 9574 (9-85)


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I have read the foregoing ffd ' ~complete to the best of a , av,t consisting ofof each page. my knowledge and bel ief,

I pages. I fully unde I d h'have initialed all the correctl,rosnan dt IS affidavit and itlStrue ands an placed my" ..

I made this aff,'d 't f initials at the bottol

. aVI reely and I 'me In return for it vo untanly, without any th .. reats or reward .S, or promises of reward ha' bvlng een made 1'0


SUbscribed and -sworn to before me this _____.... day of_' _ 19 a'

SIGNATURE • SPECIAL AGENT SIGNATURE· WITNESS

GSA FORM 9574 BACK (9~B5:3ENERALSE 'RVICES ADMINISTRATION

......--- ..-- ~


.-

complete to the be; '79 affidavit consisting of 'of each page, s 0 my knowledge and belief I ha .. ,pages. I fully understand this ffd' -. ve initialed all the corrections a d I a I aVlt and it is true andn paced m ...

I made this affidavitflYIOltlals at the botto

me in return for it ree y and voluntarily, without any th r. reC:lts or reward .s, or promises of reward h .aVlng been made to


Subscribed and" sworn to before me this

;;;;;;;;;~;;;;===~====-=-=-=-=-=-=-=-~d~a~y ~of~===iIGNATURE. SPECIAL A . ~"'AGENT _.--- a

:;ENERAL SEAVICES ADMINISTRATION


"-

-0

0fmp ete to the best of my knowledge and beliefo each page. .

I ~ve initi~:d~lIlt~~IIY understand this affidavit and it ndcorrectIons and placed my initials at the batta

I made this affidavit freely and volun " .me in return for it. tarl Y, wIthout any threats or rewards. or promises of reward h . baVlng een made to

Subscribed a[ld sworn to before me this

IGNATURE· EctAL AGENT


ATTACHMENT41





Supply Systems Analyst, GS-General Services Administration

DATE OF INTERVIEW

November 24, 2008

On November 24, 2008, Supply Systems Analyst GS General Services Administration(GSA), United States General Services Administration (GSA), Federal Acquisition Service (FAS), Northeastand Caribbean Region, 26 Federal Plaza, Room #19-116, New York, NY, was interviewed by the ReportingAgent and Special Agent . The purpose of the interview was to discuss anonymousallegations of misconduct by GSA employees and management in FAS, Northeast and Caribbean Region.The interview was conducted in the JI-2 conference room, 26 Federal Plaza, Room 1751, New York, NY.


• has been a GSA employee for approximately years. is currently a Supply SystemsAnalyst, under the supervision of Chief, GSA, FAS, 26 Federal Plaza, New York,NY.

• is a permanent GSA employee. currently works

• has no knowledge of GSA contractors (temp employee) promised permanent employment norreceiving favoritism from management.

• has no knowledge that Contract Specialist, GSA, FAS, 26 Federal Plaza,New York, NY, abuses assigned work schedule.

• has no knowledge that Contract Specialist, GSA, FAS, 26 Federal Plaza,New York, NY, abuses assigned work schedule.

• stated knows that and ContractSpecialist, GSA, FAS, 26 Federal Plaza, New York, NY, are very close friends and has seenTHEM socialize together, including lunch.

• has no knowledge of any employee or management abuse the work from home program.

• stated that GSA, FAS, 26 Federal Plaza, New York, NY is a"honest" and "sincere" boss. has no knowledge of acting inappropriately.acknowledged that does close office door to get work done.

• stated that a few months ago, called for help with a computer program. wentto go help but was not at desk. tried several times throughout the day to help

FILE NUMBER10920058

OTHER ADMINISTRATIVE I


DATE PREPAREDNovember 17,2008


SUPERVISOR

GSA FORM 9506-A (Rev 7-98)


FOR OFFICIAL USE ONLYContinuation Sheet

PERSON INTERVIEWED


FILE NUMBER

10920058

DATE PREPARED

November 24, 2008

PAGE

20F3

(To be used with GSA Form 9506-A)

but was either not at desk or when was, was with other people. Asleft for the day, demanded assistance. stated that was leaving for the day

and had completed hours. began questioning about schedule without givinga chance to answer. stated was very hostile towards went discussed this

with who stated would address the matter. stated since then has beenpolite with

• has seen and heard talk to others in a similar manner, treating them "harshly."stated talks how "feels."

• has never heard say "hated" any employee or that preferred to work withcertain races or genders.

• states Contract Specialist, GSA, FAS, 26 Federal Plaza, New York,NY, is somebody could never work for. stated that is humiliating and degradingtowards employees, specifically the male employees. will degrade a employee andsometimes uses profanity. stated has said things such as "You are dumb and have a holein your head;" "You are stupid;" "I will demote you;" "You want a 2 for a rating?" and "Why don'tyou know that? You don't know that? This is procurement 101. Don't bother ME with that."stated feels sorry for employees working under

• stated that cubicle is close to and therefore, has more exposure to thanwhose cubicle is across the office.

• stated that does not deal with , GSA, FAS, 26 Federal Plaza, NewYork, regularly, but when does, was respectful.

The RIA asked if would provide a written affidavit detailing the facts and circumstancessurrounding the alleged misconduct. voluntarily agreed, without any threats or rewards, or promises ofreward being made and was provided an Affidavit, GSA Form 9574. stated that due to religious beliefs( ), is unable to "swear" to any statement or document, but will affirm under the penaltyof perjury statements made to the RIA are complete, accurate and true, under the penalty of perjury.stated such in own handwriting, and initialed all corrections. affirmed that all statements made tothe RIA were true and complete to the best of knowledge administered by the RIA, initialed each page,and signed the final page. (Attachment)

General Services Administration FOR OFFICIAL USE ONLY GSA FORM 9506-C (Rev 7-98)



PERSON INTERVIEWED


FILE NUMBER

10920058

DATE PREPARED

November 24, 2008

PAGE

30F3


Identifiable information provided below was obtained as a result ofthis interview:

Name:Employed By:

Contact Information:


General Services AdministrationFederal Acquisitions Service26 Federal PlazaRoom 19-116New York, NY 10278Office Telephone Number -E-Mail- @gsa.gov

FOR OFFICIAL USE ONLY GSA FORM 9506-C (Rev 7-98)


ATTACHMENT42





Environmental Specialist, GS-General Services Administration

DATE OF INTERVIEW

November 25, 2008

On November 25, 2008, Environmental Specialist (GS- ), General Services Administration(GSA), United States General Services Administration (GSA), Federal Acquisition Service (FAS), Northeastand Caribbean Region, 26 Federal Plaza, was interviewed by the Reporting Agent and Special Agent

The purpose of the interview was to discuss anonymous allegations of misconduct by GSAemployees and management in FAS, Northeast and Caribbean Region. The interview was conducted in theJI-2 conference room, 26 Federal Plaza, Room 1751, New York, NY. provided the following insubstance:

• is a Specialist, GS- , who has been employed with GSA for years, andreports to GSA, FAS, 26 Federal Plaza, New York, NY.

• has not heard any GSA contractors (temp employees) promised permanent employment orshown favoritism by management.

• has no knowledge of the work at home policy being abused by any GSA employee ormanager.

• stated morale "stinks" in FAS and employees are scared to speak-up in fear of retribution.

• stated has no knowledge about the schedule Contract Specialist,GSA, FAS, 26 Federal Plaza, New York, NY, works. Additionally, has never heard threatenor harass other GSA employees.

• stated has seen Contract Specialist, GSA, FAS, 26 Federal Plaza,New York, NY, come into work late, take two hour lunches and leave early. is unaware if

has drunk alcohol while at work or during lunch breaks.

• stated Contract Specialist, GSA, FAS, 26 Federal Plaza, New York,NY, "walks a fine line with employees." stated has spoke to about frustrationand verbal abuse on male employees, and told that the employees are journeymanlevel and should know everything and should not have to tell them what to do. has heard

call subordinates "assholes" at times.

• frequently approaches for assistance when an employee is deficient and asks tospeak to the employee in private. stated is the only Chief who does this.stated that needs to be told management style is unacceptable and retrained.

FILE NUMBER REPORTING AGENT DATE PREPARED SUPERVISOR10920058 November 25, 2008

OTHER ADMINISTRATIVE fflF )RMATION(Us~contibuation sheet, GSA Form 9506-C)

General Services Administration \ FO~()FFICIAL USE ONLY GSA FORM 9506-A (Rev 7-98)

"-



PERSON INTERVIEWED FILE NUMBER DATE PREPARED PAGE

Environmental Specialist,General Services Administration

10920058 November 25, 2008

20F2(To be used with GSA Form 9506-A)

• stated Contract Specialist, GSA, FAS, 26 Federal Plaza, NewYork, NY, is a hostile manager, who abuses employees and authority. has seen staffsubmit work to which holds until it is late, at which time yells at the employee.

• stated that is not approachable. frequently says "I don't have time for you"when approached and the tone and manner it is said is rude, condescending and unprofessional.

stated that actions speak volume and is proof does not care for employees.

• stated has not heard say prefers to work with a specific gender or race.

• stated that frequently come into work late, takes two hour lunches and leaves early.

• stated GSA, FAS, 26 Federal Plaza, New York, NY, is"stuck in the middle." reports to , GSA, FAS, 26 FederalPlaza, New York, NY. and are close personnel friends, and is unable toseparate work and personal life. As a result, issues brought up against managers are ignored. Toavoid conflict, stated frequently closes office door.

• stated is non-attentive to issues within division.

• was asked how the conditions in FAS could be improved. stated thatand should be removed.

The RIA asked if would provide a written affidavit detailing the facts and circumstancessurrounding the alleged misconduct. voluntarily agreed, without any threats or rewards, or promisesof reward being made and was provided an Affidavit, GSA Form 9574. completed such in ownhandwriting, and initialed all corrections. affirmed to an oath that statement was true andcomplete to the best of knowledge administered by the RIA, initialed each page, and signed the finalpage. (Attachment)

Identifiable information provided below was obtained as a result of this interview:

Name:Employed By:



General Services AdministrationFederal Acquisition Service26 Federal PlazaRoom 19-100New York, NY 10278Office Telephone Number -E-Mail- sa.gov



ATTACHMENT43


Page 106 of 129

impeded. When the justification is the health of an employee or of a member of the immediate family, it must be supported by aphysician's certificate explaining how the connection between an adjusted work schedule and the health of the employee or familymember. The modification of working hours in such an instance is normally temporary, until a specified date.

f. Schedules as a reasonable accommodation to a handicaR. Federal agencies may accommodate known physical andmental limitations of qualified handicapped applicants and employees. Reasonable accommodation could include part-time ormodified work schedules. See FPM Chapter 306.

4. Overtime. Supervisors and managers should keep overtime to a minimum. This applies not only to overtime that is officiallyordered and approved under title 5 U.s.C. but also to overtime work "suffered or permitted" by supervisors. (See chapter 11.)Overtime under 5 U.S.c. must be approved in advance by officials who have the authority to do so. In emergencies when it isimpossible to get advance authorization, overtime may be permitted but only when it involves public health or safety or therequirement is so urgent as to make it clear that overtime would be approved.

a. Overtime work. Overtime work is work performed by an employee over 8 hours in a day or 40 hours in an administrativeworkweek. To be compensable under title 5, overtime work must be officially ordered and approved. The official ordering orapproving the overtime work must be authorized to do so. In rare instances employees who were not actually ordered to performovertime may nevertheless have a claim for overtime pay under title 5 If they were "induced" to work overtime. The officialinducing the overtime must have bad authority to order and approve it. Inducement means more than tacit expectation ofovertime work. The Comptroller General found employees were induced to work overtime when the very nature and volume of thework assigned required overtime and nonperformance of such work could have affected performance ratings (B-175275.05, April7, 1976 and B-175363, November 26, 1974.)

(1) Overtime is either regular overtime work or so-called "irregular or occasional" overtime work. Regular overtimeis work scheduled as part of the employee's regularly scheduled administrative workweek. Irregular or occasional overtime isovertime work outside the employee's regularly scheduled administrative workweek. "Occasional" and "irregular" have differentmeanings. "Occasional means infrequent. Even though overtime work is not irregular it may be occasional. For instance,overtime work done regularly twice a year is infrequent enough to be occasional.

(2) Overtime for more than 40 hours in an administrative workweek means from Sunday through Saturday. Eachadministrative workweek is separate. Hence an employee whose weekly tour was changed from Monday through Friday to Sundaythrough Wednesday and Saturday (With Thursday and Friday off) is not entitled to overtime compensation for the first Sundayworked at the time of the schedule change merely because it was one of his or her normal days off (B-216756, February 19,1985).

b. Title 5 overtime v. overtime under the FLSA. For historical reasons overtime under title 5 works differently fromovertime under the FLSA. See Ch. 11 for a full explanation of overtime under the FLSA. This section contrasts the two laws brieflyso that users of this HB will know the law that controls a particular provision. The details of calculating overtime pay are beyondthe scope of this HB, which covers only the time and leave administration aspects of overtime. Briefly the main differences (for GSemployee where the contrast is clearer) are these:

(1) Under title 5, the chief characteristics of overtime are:

(a)

(b)

(c)

(d)

(e)

(f)hours,

Overtime pay at time and one-half of basic pay,

Work must be officially ordered and approved,

Overtime hours are those over 8 hours in a day or over 40 hours in a week,

All hours in a pay status count toward the 8/40 threshold,

Compensatory time off is permitted,

Employees get a 2-hour minimum of pay for call-back duty even when they actually work less than 2

(g) There is a maximum earnings limitation (total or aggregate pay including premium pay for any pay periodmay not exceed the biweekly pay for GS-15, step 10) and

(h) A maximum rate limitation (the hourly overtime rate may not exceed that for GS 10, step 1) and

(i) Overtime for hours of travel is very limited.

(2) Under the FLSA, the chief characteristics of overtime are:

(a) Overtime pay at time and one-half of the so-called "regular rate,"

(b) Work need only be suffered or permitted,

(c) Overtime for more than 40 hours in a week but not for more than 8 hours in a day,


Page 107 of 129

(d) Only hours of actual work and not paid leave count toward the 40 hour threshold,

(e) Compensatory time off provision limited to comp time within the same workweek. Recent amendments tothe FLSA allow comp time beyond the same workweek, but they apply only to State and local governments.

(f) No limitations on pay, and

(g) Different criteria for hours of travel as overtime.

(3) Federal wage system employees are not subject to limits on overtime pay as are GS employees under title 5. Theirovertime rate is time and one-half of their basic rate of pay which includes certain differentials not included in the basic rate of GSemployees, and FWS employees do not get compensatory time off. Any overtime they work must be paid for.

c. e.rocedures.

(1) Each approval of overtime remains in effect for only one pay period. Thereafter the approving authority mustmake a new determination of essential need. Users of this HB should check the service's or staff office's delegations of authorityto see who may approve overtime.

(2) Supervisors should not grant annual leave on the same day, the day before, or the day after a day for whichovertime has been authorized.

(3) The official requesting overtime for his or her employee(s) should fill out GSA Form 544, Request, Authorization,and Report of Overtime (4 copies), allowing enough time for approval before the overtime is worked. See subpar. (7) below forexceptions during emergencies.

(4) All four copies should be sent through the budget officer to the approving official. (Check the service's or staffoffice's delegations of authority.) If funds are adequate, the budget officer should keep a copy and send the other three copies tothe approving official. After approval, the copies go back to the originating office.

(5) After the overtime work is performed, the originating official must fill in the back of the form to report theovertime worked. The report must include each employee's Social Security number. If the hours of overtime worked are higherthan the preViously estimated hours by 10 percent or more, then the originating official must explain the reason on the form andbring it to the attention of the-approving official.

(6) In emergencies, overtime work may be documented by writing EMERGENCY OVERTIME in red ink in the Remarksblock of the T&A form. The originating official must follow this up as soon as possible with Form 544, but no later than 5 daysafter sending in the T&A form. See par. 4, above, for justifications for emergency overtime.

d. Q1.rrlQen~gtQ_ryj:jll1.E,!. Compensatory time (comp time) is time off for irregular or occasional overtime work instead ofovertime pay for that work. Comp time cannot be granted for regUlar overtime work. Regular overtime work is overtime workschedUled in advance of the administrative workweek and ordered by an official with authority to order and approve overtime.Compensatory time shifts work from one day or week to another, but does not raise salary costs. Overtime pay for overtime workadds to costs but it also increases the amount of work done. Not everyone may be granted compensatory time. Some employeesmust be paid overtime pay for any irregular or occasional overtime work and others are not eligible at all for comp time. The maincriterion for granting compensatory time is the status of the employee under the FLSA (29 U.S.c.) even though compensatory timeitself is earned only under title 5 U.S.C. Employees are designated either exempt or nonexempt from the overtime provisions ofthe FLSA. Most supervisory, professional, executive and administrative employees above GS-7 are exempt. See chapter 11 forexemptions. FLSA status controls whether comp time under title 5 may be granted to employees. Whether the hours workedactually count as overtime hours under either law is decided independently. FLSA's comp time provisions apply to state and localgovernments but not to the Federal Government.

(1) FWS employees, regardless of FLSA status, cannot be given compensatory time off for overtime work even whenthey request it. A lack of funds to pay overtime to these workers is not sufficient cause for asking or permitting employees totake compensatory time off for irregular or occasional overtime. By GSA policy, alternative work schedule arrangements must notallow for prevailing rate employees on flexible work schedule to earn compensatory time. (See subpar. 7d.(9).)

(2) Employees who get premium pay on an annual basis for administratively uncontrollable overtime (AUO) may not getcompensatory time off for irregular or occasional overtime. Premium pay under 5 U.S.c. 5545(c)(2) for AUO takes the place ofpremium pay for irregular or occasional overtime work. Since employees who get AUO are not entitled to premium pay in the firstplace, they cannot substitute compensatory time for it (B-164689, March 26, 1976). The restriction does not apply to employeeswho get annual premium pay for standby duty under 5 U.S.C. 5545(c)(l). Their annual premium pay takes the place of all otherpremium pay except for irregular or occasional overtime. If otherwise eligible, they may get compensatory time off.

(3) Nonexempt employees must get overtime pay for irregular or occasional overtime work. Even if they volunteer,they may not take compensatory time off.

(4) All employees who are exempt from the overtime provisions of the FLSA may choose overtime payor compensatory


Page 108 of 129

time off, regardless of their salary. It no longer matters that their rate of basic pay is above the maximum rate of GS-l0. Theemployee's choice must be entirely voluntary. Only the form of compensation is up to the employee; the decision to order and towork overtime is not. By this new policy, all exempt employees in GSA are now treated alike, simplifying overtime administration.

(5) Certain restrictions apply to compensatory time:

(a) Employees may accumulate up to 99 hours of compensatory time. The payroll system alerts payroll clerks,who will call timekeepers when the total goes over 40 hours. The system does not automatically drop the excess. Supervisors areresponsible for reviewing leave usage to enforce this requirement. Personnel officers may approve accumulations higher than 99hours only for overwhelming reasons. Compensatory time, after all, does not increase the total hours that an employee worksduring the year; it merely redistributes them. Furthermore, going over 99 hours is administratively burdensome; timekeepershave to maintain local "cuff" records of excess hours, reporting to Payroll only when the total falls below the limit.

(b) Compensatory time earned will normally be taken within four pay periods after the pay period it is earned.The payroll system does not track the date when compensatory time is earned. Supervisors and timekeepers must monitor leaveusage to enforce this requirement. The Agency has raised the limit from 40 to 99 hours to give greater flexibility to its managers,not to encourage greater use of overtime and compensatory time. Employees still must use any compensatory time earned beforetaking annual leave.

(c) An employee may not take annual leave until he or she exhausts any compensatory leave to his or her credit,except when the employee would otherwise lose annual leave at the end of the leave year.

(d) At the end of the leave year, compensatory time balances carry over to the next leave year. Unusedcompensatory time may no longer be converted to an overtime payment by submitting amended T&A formes) to Payroll, exceptwhen the employee leaves the Agency such as by resignation, retirement, or transfer to another agency.

(e) Compensatory leave may not be taken in advance, in contrast to compensatory time for religious purposes,which can be taken in advance. (See subpar. 3a, above.)

(f) The maximum earnings limitation applies. This means that compensatory tilne may not be earned when theaggregate (or total) pay for the pay period exceeds the biweekly rate for GS- 15, step 10. Aggregate (or total) pay includes theamount of overtime pay that the employee would get if compensatory time were converted to overtime pay. Other overtimeprovisions are figured on a weekly basis but the maximum earnings limitation applies on a pay-period basis. The earningslimitation prohibits payment of overtime and requires forfeiture of compensatory time over the limit. Gross compensatory timeearned in a pay period is used to determine whether the aggregate rate of pay exceeds the maximum rate for GS-15, step 10.Net compensatory time may not be used. Thus if the employee has 15 hours over the limit in the first week of the pay period anduses 10 in the second week, all 15 hours remain over the limit and may not be compensated with either compensatory time orovertime pay (B-211286, October 2, 1984). Restrictions on earning overtime do not prevent a manager from requiring an exemptemployee to work overtime Without compensation.

(g) By GSA policy, flexible work schedule arrangements, including flexitour, may not prOVide for employees to earncomp time for regular overtime work.

(h) By GSA policy, flexible work schedule arrangements, including f1exitour, may not provide for prevailing rateemployees to earn comp time for overtime work

(6) Employees may earn compensatory time only if it Is approved in advance the same as other overtime, using GSAForm 544. Employees take compensatory time off the same as annual leave. (See chapter 2.) Employees may not take time offfrom duty using compensatory time without advance approval by the supervisor. Compensatory time off must be recorded whenearned and taken.

e. Overtime for training. Hours of training outside the basic workweek usually do not count as overtime hours for pay andleave administration. Even though training extends beyond 8 hours in a day or 40 hours in a week, It is not compensable exceptunder certain conditions (5 CFR 410.602). (Training at night, on Sunday, or a holiday is also covered there. These rules covertraining by, in, or through Government facilities or non-Government facilities. Whether training counts as overtime hours does notdepend on whether the employee gets travel expenses (48 Compo Gen. 620 (1969).) Whether training counts as hours ofovertime also does not depend on whether travel to the place of training counts as overtime (B-165311, November 12, 1968). Fortravel to training, see par. 5, below. See chapter 11 for overtime under the FLSA for training. Training counts as overtime underthe following conditions:

(1) Training at night because situations the trainee must learn to handle happen only at night.

(2) Costs of training, including premium pay, are less than the cost of the same training during regular work hours.

(3) An employee earning annual premium pay may continue to earn It during a temporary assignment for training ofno more than 10 consecutive workdays, subject to an annual limit of 30 workdays in a calendar year.

(4) Training when the employee is already getting overtime pay. This does not apply if the employee is assigned tofull-time training at an institution of higher learning .

.. 1+n·//'ntprnAtpc n-c", n-m,/incltp/u<1l'ln n<1f/".m Tn<:1tf':nlrf':ctlve~nl~nlav/16B454211DFA2ADC85255FAeOO... 1120/2009


Page 109 of 129

(5) Where premium pay is authorized as an exception to the rule by GSA under authority delegated by OPM (5 CFR410.602(b)(6)). Users of this HB should check the delegations of authority for the service or staff office concerned.

(6) Where premium pay is authorized by OPM as an exception to the rule in response to a specific request from GSA.Users of this HB should check the delegations of authority to see whether GSA's delegated authority is enough, or if not, then tosee who in GSA may make the request to OPM.

5. Travel as hours of work. Official travel during an employee's regularly scheduled administrative workweek, including regularlyscheduled overtime, is hours of work under title 5. official travel during regular overtime hours must be compensated withovertime pay. Travel within regular overtime hours cannot be offset with compensatory time. Compensatory time is only forirregular or occasional overtime work, not regular overtime work. Otherwise, time in travel status away from the official dutystation is not hours of employment unless it falls under one of the four statutory exceptions described in subpar. Sa, below. TheComptroller General has interpreted the exceptions narrowly in a long series of decisions. See subpar. 5c for common situationswhere travel does not count under title 5 as hours of duty. See subpar. 5b and ch. 11 for time when travel counts as hours ofduty under the Fair Labor Standards Act. Some travel is not compensable, but the employee may be ordered to travelnonetheless. The Congress has not provided a remedy when travel is ordered but is not covered by 5 U.S.C. 5542(b)(2) (7 CompoGen. 43, 50 (1977». Nonexempt employees may have a remedy under the Fair Labor Standards Act.

a. Ordering travel. Officials ordering travel should schedule it during the employee's usual basic workweek. For instance,instead of scheduling a meeting on Monday morning in a distant city, officials should schedule It for Tuesday morning so that anemployee can travel on Monday during normal hours. (Assume that the travel does not fall under one of the four statutoryexceptions.) Supervisors and managers also have authority to adjust work schedules to accommodate travel within theemployee's basic workweek. In the example above, the supervisor could change the tour of duty to Sunday through Thursday.See also subpar. 3d., above. However, even an official with authority to order and approve overtime may not adjust theemployee's work schedule in advance of the administrative workweek solely so that the travel falls during regular overtime hoursduring that adjusted weekly tour of duty. The employee may simply be ordered to travel on his or her own time.

(1) The obligation to change the tour of duty to reflect the employee's actual work requirements at 5 CFR 610.121 (seesubpar. 2e)., does not force the official to make this kind of change. Travel is not an actual work requirement in that sense.(Interpreting travel as a work requirement would effectively negate 5 U.S.c. 5542(b)(2)(B) and bring Virtually all travel Within theregularly scheduled administrative workweek, which is not what the Congress intended.)

(2) Time in travel status. The rule on the amount of time in travel status that counts as hours of work is that anemployee is in a travel status only for the hours actually spent traveling between the official duty station and the destination orbetween two temporary duty points and for the usual waiting time that interrupts travel. For travel by common carrier, time intravel status begins with the scheduled departure from the common carrier terminal and ends upon arrival at the terminal at thedestination. Travel from place of business or home to the station or airport is not time in travel status except when that traveltakes an hour or longer, but waiting time at the terminal before departure does not count. See subpar. 5c. on home to worktravel. When overtime is authorized, the employee must travel by the most expeditious and economical manner. If an employeefor personal reasons declines to use the mode of transportation chosen by the agency and/or travels by an indirect route for his orher convenience, then time in travel status is computed based on the mode preferred by the agency and the carrier's publishedschedule.

b. Travel under title 5. Travel time outside the regularly scheduled administrative workweek and away from the duty stationcounts as hours of duty when the travel involves performing work while traveling, is incident (related) to travel that involvesperforming work while traveling, is carried out under arduous conditions, or results from an event that could not be scheduled orcontrolled administratively (5 U.S.C. 5542(b)(2)(B). See Book 550, Premium Pay, FPM Supplement 990-2 or the latest edition andsupplements of the General Accounting Office's Civilian Personnel Law Manual for details.

(1) Performing work when traveling. This means work that can only be performed while traveling such as makingastronomical observations in the infrared from a high flying aircraft, operating navigation or signaling equipment used in air or railtransport, or escorting a prisoner to a prison. Truck drivers or pilots perform work while traveling. Border Patrol agents who drivefrom their headquarters to checkpoints where they work 8 hours are working while traveling to the checkpoints. Escorts andcouriers of the Department of Energy who protect shipments of radioactive materials during 24 hours a day travel are performingwork while traveling, as are diplomatic couriers with a diplomatic pOUCh. See also subpar. 6c.

(2) Incident to travel that involves Rerforming work. This means travel related to travel under (1) above. A courier'sreturn travel after delivery is incident (or related) to travel that involves performing work while traveling. When a truck drivercatches a ride to a pickup point to pick up a truck to be driven somewhere else (this is called deadheading) the deadhead ride tothe pickup point is travel incident to travel that involves working while traveling. (Driving the truck from the pickup point is travelwhile working. Deadheading is travel incident to that travel.) By contrast when an employee travels outside his or her regularlyscheduled administrative workweek to a port to board a ship to perform TOY, the travel is not incident to travel that involves theperformance of work since the ship is the employee's TOY station. Travel ends when the employee boards the ship.

(3) Arduous conditions. Unusually adverse terrain or severe weather or travel to remote, barely accessible places byfoot, horseback, or truck can count as arduous conditions. It is not always easy to tell whether travel is under arduous conditions.It depends on the facts in each case. The time of travel and the distance is not usually important. Hazardous conditions mayhelp make travel arduous but do not automatically count as arduous conditions. However travel by rail or other common carrierand travel over hard surfaced roads except in unusually severe weather does not count. Driving through a high crime area onhard surfaced roads is not travel under arduous conditions. When severe weather delays travel until the storm passes and the

ntt"·//~nt..rnntM 0<><0 omr/,ndtp/a<><>,] ""ffum Tm:1tp.nln~r.tiVf~~ni~nl:w/lnR4:,)4211DFA2ADC85255FACOO... 1/20/2009


ATTACHMENT44


----.,.~ I f,\ ", ~';VI.....-.) .f

.." /

LEGEND:

• =Last Day of Month A =Annual LeaveH = Holiday M = Military Leave

SUGGESTED CODES:S =Sick Leave E =Excused W =Absent Without Leave CE =Compensatory Time Eamed OT =Overtime

R =Restored Leave D =Award Leave L =Leave Without Pay CU =Compensatory Ti1me Used C =Continuation of Pay for Traumatic

TOUR OF DUTY

Q PER PAY PERIOD PER LEAVE YEAR ANNUAL LEAVE SICK LEAVE '~ LU LEAVE CATEGORY ANNUAL SICK ANNUAL SICK ~O/l-lN~$ 4 4 4 104 104 *10 hours pay period ending 12/20. CARRY-OVER 2ifO CARRY-OVER ,riO,..I.... 6 6' 4 160 104 '1.,10 :~ r It U D_!

LU 8 8 4 208 104 OPENINGBALANCE;21f() OPENING BALANCE /nfJ{J IF",/;. L. ,.~

PAY PERIOD '01,." (/" lAWS THISPAYPERIOO USED THIS PAY PERIOD USED,OQE DATES SUNDA'I MONDAY TUESDAY WEDNESDAY [THURSDAY FRIDAY SATURDAY~UNDA'I MONDAY TUESDAY WEDN£SDAY THURSOA FRIDAY SATURDAY EARNEC USED n:~F ~"'LANC EARNED USED D~~E BALANCE :, ! 2112 1/6 - 1/19 !.f 1-.2 J.!1-.2.1'1+.2.11-/-. 2~~ J.f!- '1 Lf+ 9 'ff- Cf ifl- 'I .-/' g 0 2# rx 4 t') IDb'l .3 lJJJ/. t1 t1 '?3 1/20-2/2 J.\1:I2 4/.,2. '1/-.2. .4fJ- ~ 92-'6 111/-.2 t//-.2 1.//"2- 'fl-.? U·.J l 0 ,'2510 if- c> 'ObS ~ 1.4 ,~

4 2/3-2/16 'L//..2I.,tj-7.t.fI•. ?LfI.. '~~~~ 4(-,2.LfI-.2ILff-.l1!.Z/g·3 ~ 0 12/,41i1 c> /072.(, q,t,1t'125 2/17-3/1 ""H JfI.7-1/-.2 /~j 111-.2- / / _/ 11-311 g 0 2.7? 1.1 0 070 & i8'~ I~q,

6 3/2-3/15 Q?-Cf./ c /LJJ:r~ / /' /' j{f!f"3-~ :5 fJ' 2CXl -'T 0 0ff/) /517 112,67 3/16-3/29 / / / /" ~;3.3 / ,!.J.iifJI / 41-1 /3-$. g 0 :23".4 0 ORtf 15 '8 It//'~

8 3/30-4/12 /. ,/.-/ /,,/" /'~ / ~...-/ v /'5-3 g 0 2r h 4 Cl 0 lSi t:, 's 't.1'9 4/13-4/26 / ~ /' / 4% /' /' /' / 13-..3 ,J? 0 l~f) Lf 'f n IO?1. 6 ~ (;5'10 4/27-5110 // //.~ ~ /' / ...-/ /~-3 g '" 3ft 4 0 JOCJb 0 fr /:,31.

111 5/11-5/24 // IJfI-,fr,~ ./ -- IfLr/f_3 -B:-~ /' /"./ j 3-3 g 2. 3/ff II 01100 Iq VKh l')'112 5/25-6/7 VH /' /' / ~. / /' / /' J3-~ s 0 32£:, ~ 0 if}OJf t· ~ f~'~113 6/8-6121 .-/...-/ / ~J.,II1,tI-~ / ./' / /' 13-:1 g 't 325 1 0 1/IO~!f') S' !i114 6/22-7/5 / /' / 6 If' 13-3 /./. ,-- ~'Y K.3 330 ~ 0 /1/2.. 3 0 l/bO15 7/6-7/19 J!+ V // ,/ 19{.1 /" / .;.';~-~~' --;I, 1"3-- I>.'!& gZ2.t.; 0 JII" i/3 If /:,216 7/20-8/2 / /// ./ ./";!.:~ V / :/ ~~ lY3, y let J2 ,tt 0 Jl2rJ 'f Cf It317 8/3 - 8/16 /' / ,V/ 1;1;-~ /A OfA rA 1'1A //' IS- 2 f.2<O 301 Iv f!) //2.# 1; 8' It:. 018 8/17-8/30 ~'2l%,lf 2.A / Ill. _c~ / ,// , • /- /3-Lf g 2'2- f2g 4- 6 //27 13 /; 'h119 8/31-9/13 .I./'~ / / l/!~_2 / / / Ii' /'3-q. 9\' h ,J<t,a 4: <' /132 i"1t;b_S /1>'520 9/14-9/27 ...-/ /' / jI;~~":~''!!'' - / /, /' /' J3- ~,O WI;· 1/ 0 //310 /9 '1 /7$21 9/28-10/11 //19A-.~ /#1- ~. ."./ //' %5 Cf A I~~~ ,t 5g' 51 Lf B 1140 /'t:,6 /322210/12-10/25 /~( /- /v,fb:g- / /' /./" 13,4 ~ (!') u.,c) If (') 'I/-if q CJ I(v~

23 10/26-11/8 / / - / / ~ S1. V/'/ / /g-L Z' 2. 71 t '-I O/'l-g g' It:, f( b24 11/9-11/22 ~J,i ~ /V . - / / / ./ [g·If SI J../?f? 14 0 / £2- /2. 6 "I25 11/23-12/6~ / ' fl 1~. ~ LJ -

26112/7 - 12/20 I I I I I I I I I I I I I I Ig I I I 14'1 I 12/21 - 113 I I I I I H I I I I I I .. H I I I~ I I I I If

The untitled columns aboveand on the back providespace to record other leave~~~1'\l"i'~Ei:iNJ'T;:;:E:ERii:E:rDiio')jN;n;OiRR:;T:FRAiANNlss:t;iMii'lnmA[LcD)jiA;'fTE1Eor premium pay categories

that may apply.

SOCIAL SECURITY NUMBERI LEAVE

~ IADDRESS (Street. City, State and ZIP Cod,e) I TELEPHONE NUMBER I r; BLOCK NUMBER I SERVICE COMPUTATION DATE

o

~GENEPREVIOUS EDITION IS NOT USABLE

ANNUAL ATTENDANCE RECORD· 2008~on~i+i"o h. It Iln",I~~~ioFiftri

GSA 873 (REV. 11/2007)


ATTACHMENT45


Office of Inspector GeneralGeneral Services Administration

STATE 0 F NG4I Vorl7

COUNTY OF Mw ,~K

AFFIDAVIT

)

) 55:

)

. "'.

PAGEl OF

I, -~--~~0TAft~----to y..,,~ IN_ of .,,,,,.,, ' being du'y sworn, hereby make the following affidavit

T ~ ~.-1f ., .. . T (Nam , who has Identified himself to me as a Special A . hOffice of Invest. . gent Wit theSTATEMENT: Igatlons, General Services Administration.



I have read the foregoing affidavit c derstand this affidavit and it is true andcomplete to the best of my knowledge and belief. I have initialed all the corrections and placed my initials at the bottorrof each page.

I made this affidavit freely and voluntarily, without any threats or rewards, or promises of reward having been made t'ome in return for it, l)t.JI::.ER T\.lE f'6NAL1'I Of= P62=f1J12.~,

GSA FORM 9574 BACK (9'-85)

__..!.N=l:>v~"",=be~r ~_ .;7oog atIO;)/~

/JENERAL SERVICES ADMINISTRATiON

SIGNATURE - SPECIAL AGENT

f-Subscribed and sworn to before me this __-,«~D _IIs( Co"b.nCt RCl'OM I '26 1;.4un\ PI0l2.Po,


ATTACHMENT46





Contract Specialist,General Services Administration

DATE OF INTERVIEW

November 20, 2008

On November 20, 2008, , Contract Specialist (GS- ), General Services Administration(GSA), United States General Services Administration (GSA), Federal Acquisition Service (FAS), Northeastand Caribbean Region, 26 Federal Plaza, 26 Federal Plaza, Room #19-116, New York, NY, was reinterviewed by Special Agent GSA, Office of Inspector General, Northeast and CaribbeanRegional Investigations Office (JI-2), New York, NY, and the Reporting Agent (RIA). The purpose of theinterview was to discuss an allegation that following interview on November 17, 2008, with the RIA,

advised Contract Specialist, GSA, FAS, 26 Federal Plaza, Room #19116, New York, NY, details about the investigation into the allegations of misconduct by GSA employeesand managem~nt in FAS, Northeast and Caribbean Region. Before the interview began the RIA read andprovided with the "Non-Custodial Warning and Assurance to Employee" form, which reviewed,signed and agreed to be interviewed (Attachment). After the purpose of the interview was explained


• stated that recalled being told by the RIA and Special Agent on November 17,2008, that was not to discuss interview on November 17, 2008.

• stated that on November 18, 2008, while at desk, asked to come tocubicle. went there and sat down. asked several questions about currentassignments, and then brought up the GSA OIG investigation. stated asked"What was all that about?" stated told that the GSA OIG was investigating "thehostile work environment and seven open contract positions." added "I am sure this is aboutthe who was let go and friend."

• stated then asked "Why haven't they interviewed ME yet?" and stated "They willget to you. then asked "Did they ask about ME?" and replied the RIA asked about"everyone."

• stated that is "boss" and asked questions and "answered."

• stated in opinion, thought knew what the investigation was about and thatwas only answering general questions.

• admitted understood the RIA statement not to disclose any questions asked during theinterview, but refused to answer why ignored that request.

The RIA asked if would voluntarily provide a written affidavit detailing the facts andcircumstances surrounding the alleged misconduct. stated handwriting was unsatisfactory andFILE NUMBER DATE PREPARED SUPERVISOR

10920058 November 20,2008

_

OTHER ADMINISTRATIVE'i FORMAT (Us~ continuation sheet, GSA Form 9506-C)General Services Administratio 'Ft>R OFFICIAL USE ONLY GSA FORM 9506-A (Rev 7-98)



PERSON INTERVIEWED

Contract Specialist, GS-General Services Administration

FILE NUMBER

10920058

DATE PREPARED

November 20, 2008

PAGE

20F2


asked the RIA to write dictated statement. The RIA typed an affidavit based upon 's dictationwithout any threats or rewards, or promises of reward being made. The statement was then printed out and

read such and initialed all corrections. stated the affidavit was factual but refused to signthe statement. (Attachment)


Name:Employed By:



General Services AdministrationFederal Acquisitions Service26 Federal PlazaRoom 19-116New York, NY 10278Office Telephone Number -E-Mail - @gsa.gov



Hon-Custodial Warning and Assurance to Employee:This Statement is voluntary and May be Used Against You in a

Criminal Proceeding .

You are being contacted to solicit your cooperation in an officialinquiry regarding misconduct of improper performance of official duties.The authority to conduct this interview is contained in the InspectorGeneral Act of 1978, 5 U.S.C. App. 3.

The matter under investigation could also constitute a violation of lawthat could result in criminal prosecution of responsible individuals.

This inquiry pertains to "lliE 1t-3\1~GA1lQt.J Of nu; HOS1J1 ii wMK EN\III2.Q

You have the right to remain silent if your answers may tend toincriminate you. If you do decide to answer questions or make astatement, you may stop answering at any time.

Anything you say may be used as evidence in both an administrativeproceeding and in any future criminal proceeding.

Although you would normally be expected to answer questions regardingyour official duties, if you refuse to answer the questions posed to youon the ground that the answers may tend to incriminate you, you cannot bedischarged solely for remaining silent. However, your silence can beconsidered in an administrative proceeding for its evidentiary value asw~ranted by the facts surrounding your case.

Waiver

I have read and understand the warning and assurances stated above~and Iwish to answer questions or make a statement concerning this matter.

Employee I signature

Date

September 99


ATTACHMENT·47


STATE OF NEW YORK

COUNTY OF NEW YORKSS:

AFFIDAVIT

Page _1_ of_2_

I, being duly sworn, hereby make the following affidavit to whohas identified self to me as a Special Agent with the Office of Investigations, General ServicesAdministration.

I read, understand and signed the "Non-custodial warnings and assurance to employee: this statementis voluntary and may be used against you in a criminal proceeding" provided to me today by SpecialAgent I wish to explain what happened after my previous interview.

I am currently employed with the General Services Administration (GSA), Federal Acquisition Service(FAS), 26 Federal Plaza, Room #19-116, New York, NY, as a Contract Specialist. I have been a GSAemployee for approximately ars.

After I was interviewed by Special Agent and Special Agent on Monday, November17, 2008. During the interview Special Agent and Special Agent interviewed theytold that I should not discuss the matter with anyone. After the interview I returned to my desk.

was not there. I worked for a little while and left. I knew that I had to return to meetwith the GSA-OIG investigators the next day give a written statement regarding my interview firstthing in the morning.

On Tuesday, November 18, 2008, I met with Special Agent and Special Agent withthe GSA-DIG first thing in the morning. I met with them for about two hours and gave them astatement. Special Agent typed out my statement at my request. I read it, made correctionsand signed it under oath, under the penalty of perjury.

After completing my statement, I returned to my desk. After a few minutes, I am not really how long,my supervisor, Contract Specialist, FAS, 26 Federal Plaza, Room #19-116,New York, NY, came over to my desk. asked that I come to desk. I got up and went over to

desk and sat down. asked me about work related to backorders. then brought up myinterview with the OIG agents. knew that I had been interviewed because while I was with theSpecial Agent and Special Agent giving the written statement, had been lookingfor me and I was not at my desk. asked me "What was that all about?:r to~d that the OIGwas investigating the "hostile work environment and seven open~~t ions." said "I amsure this is about that who was let go and the boyfriend." I did not respond. thenasked me "Why haven't they interviewed me yet?" I told that "They will get to you." thenasked "Did they ask about me?" I told ,,~ then said that "You know very wellthat when we give and work, it is not done next week, or the week after. I amsure they all complained." y7f-L -/ /1

o..b¥~r~~

1- did talk about the interview witl;1_ asked me general questions about the IG investigationand I answered. I honestly believe already knew what this is about. I knew I was not supposedtalk about the investigation, but I did not think what I said would hurt the investigation.


I have read the foregoing aff .t consisting of two pages. I fully u stand this affidavit and it istrue and complete to the best of my knowledge and belief. I have initialed all the corrections andplaced my initials at the bottom of each page.

I make this affidavit freely and voluntarily, without any threats or rewards, or promises of rewardhaving been made to me in return for it.

Signature of Affiant

Subscribed and sworn to before me this -.l!L day of November, 2008, at 26 Federal Plaza, Room#1751, New York. NY.

Signature of Special AgentSpecial Agent _

Signature of WitnessSpecial Agent _


ATTACHMENT48





, GS-General Services Administration

DATE OF INTERVIEW

November 24, 2008

On November 17,2008, , (GS , General Services Administration(GSA), United States General Services Administration (GSA), Federal Acquisition Service (FAS), Northeastand Caribbean Region, 26 Federal Plaza, Room #19-116, New York, NY, was interviewed by the ReportingAgent and Special Agent The purpose of the interview was to discuss anonymousallegations of misconduct by GSA employees and management in FAS, Northeast and Caribbean Region.The interview was conducted in the 11-2 conference room, 26 Federal Plaza, Room 1751, New York, NY.


• has been a GSA employee for approximately years. is currently aand functions as the for FAS. reports directly to

, Chief, GSA, FAS, 26 Federal Plaza, New York, NY.

• stated was worried name would be attached to documents or reports generated by theinvestigation currently conducted by 11-2 and that did not want name associated with "sayinganything at all." agreed to speak to the RiA in general terms.

• state that some managers "flaunt their authority." And that FAS is the ''worst agency as faras management" that has experienced as a federal government employee for forty years.

• stated some managers are "quite hostile" but not to so "ignores it."

• states is unaware if any GSA contractor (temp employees) has been promised permanentemployment nor if they have been shown favoritism by management. stated does notwork with the contractor and has no other pertinent information about them.

• stated has no knowledge if the work at home policy is being abused. stated it isthe managers responsibility to make sure employees follow GSA policy. does not workfrom home.

• stated morale is very low and it is a result of managers taking to employees and treatingthem like "children."

• is unfamiliar if Contract Specialist, GSA, FAS, 26 Federal Plaza, NewYork, and GSA, FAS, 26 Federal Plaza, New Yark, follow their assigned workschedules, or take long lunches. stated that is an issue for a supervisor, and is too busywith own work to monitor others.

FILE NUMBER REPORTING AGENT DATE PREPARED SUPERVISOR10920058 November 17, 2008

OTHER ADMINISTRATIVE INF ion sheet GSA Form 9506-C)

General Services Administration FOR..O.FFICIAL USE ONLY GSA FORM 9506·A (Rev 7-98)



PERSON INTERVIEWED FILE NUMBER DATE PREPARED PAGE


10920058 November 24,2008

20F3


• stated that managers will often see an employee approaching and tum their head away orlook down, until the employee passes. stated this is very hostile and contributes to a poorworking environment.

• stated "likes" Contract Specialist, GSA, FAS, 26 FederalPlaza, New York. stated that if you do your work, you will not have a problem with

stated that has not heard yell at other employees directly, but has heard others sayhas.

• stated GSA, FAS, 26 Federal Plaza, New York, NY,consistently has door closed. has appro"ached with issues about certainemployees and the issues were promptly addressed.

• stated GSA, FAS, 26 Federal Plaza, New York, is unable toseparate work relationships from personal friendships, specifically with

Contract Specialist,GSA, FAS, 26 Federal Plaza, New York, NY, andContract Specialist, GSA, FAS, 26 Federal Plaza, New York, NY.

• stated that "has a mouth on and that "can't talk to anyoneprofessionally." stated knows takes employees to the conference room to"discuss" issues frequently but does not know what is said.

• stated "I don't want to put my foot in my mouth and say anything else." added thatin past years with GSA has seen several GSA OIG investigation conducted with "nochanges" being made. added only has months left until is able to

• was asked how the hostile work environment in Region 2 FAS could be alleviated andmorale raised. stated managers need to learn to talk to employees with respect. Additionally

added that "Managers need to understand that just because an employee disagrees with them,you don't have to threaten the employee. Managers need to understand is OK to agree to disagree."

The RIA asked if would provide a written affidavit detailing the facts and circumstancessurrounding the alleged misconduct. declined to make a written statement. was providedan Affidavit, GSA Form 9574, which signed, stating that preferred not to make a statement.(Attachment)

General Services Administration FOR OFFICIAL USE ONLY GSA FORM 9506-C (Rev 7-98)



PERSON INTERVIEWED

GSGeneral Services Administration

FILE NUMBER

10920058

DATE PREPARED

November 24, 2008

PAGE

30F3



Name:Employed By:



General Services AdministrationFederal Acquisitions Service26 Federal PlazaRoom 19-116New York, NY 10278Office Telephone Number -E-Mail- @gsa.gov



ATTACHMENT49


Office of Inspector GeneralGeneral Services Administration AFFIDAVIT PAGE 1 OF

STATE OF

COUNTY OF _--'~'-'-'~~-----"~"--!:..~~~ _

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to

ss:

, being duly sworn, hereby make the following affidavit

, who has identified himself to me as a Special Agent with the

Office of Investigations, General Services Administration.STATEMENT:



PAGE 2._0F-.L

I have read the foregoing affidavit consisting of pages. I fully understand this affidavit and it is true andcomplete to the best of my knowledge and belief. I have initialed all the corrections and placed my initials at the bottomof each page.



-Subscribed and sworn to before me this day of 19 - at


'::;ENERAL SERVICE!; ADMINISTRATION

SIGNATURE· WITNESS

GSA FORM 9574 BACK (9~85)


I have read the foregoing affidavit consisting of pages. I fully understand this affidavit and it is true andcomplete to the best of my knowledge and belief, I have initialed all the corrections and placed my initials at the bottomof each page.



-Subscribed and sworn to before me this day of~· 19 at


3ENERAL SERVlrF~ AnMINIt:::TRATlnf\l

SIGNATURE • WITNESS

GSA FORM 9574 BACK (9'.85)


I have read the foregoing affidavit consisting of pages. I fully understand this affidavit and it is true andcomplete to the best of my knowledge and belief. I have initialed all the corrections and placed my initials at the bottorrof each page.



-Subscribed and sworn to before me this day of 19 _ at


'''','

SIGNATURE· WITNESS

GSA FORM 9574 BACK (9~B5)


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I have read the f regoing affidavit consisting of pages. I full derstand this affidavit and it is true andcomplete to the best of my knowledge and belief. I have initialed all the corrections and placed my initials at the bottomof each page.



-Subscribed and sworn to before me this ~_ day of 19 at

SIGNATURE. SPECIAL AGENT SIGNATURE· WITNESS

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3ENERAL SERVICES ADMINISTRATION GSA FORM 9574 BACK (9~85l


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I have read the foregoing affidavit consisting of pages. 'fully understand this affidavit and it is true andcomplete to the best of my knowledge and belief. 'have initialed all the corrections and placed my initials at the bottomof each page.


-Subscribed and sworn to before me this day of 19 _. at

SIGNATURE. SPECIAL AGENT SIGNATURE· WITNESS

3ENERAL SERVICES ADMINISTRATION GSA FORM 9574 BACK (9~851


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I have read the foregoing affidavit consisting of / pages. I fully understand this affidavit and it is true andcomplete to the best of my knowledge and belief. I have initialed all the corrections and placed my initials at the bottomof each page.

I made this affidavit freely and voluntarily, without any threats or rewards, or promises of reward having been made 1'0

me in return for it'PM//#' /T,//§ 7'/#~/?Y/#",'//,1)# ;;;#£ L#rJ ff ~J1:f1IL;/.

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Subscribed and sworn t; before me this __~:?:.-...o:::2,--- day of _-4.d-LL~..c.~:<:2~~=~~-----~~at

SIGNATURE - SPECIAL AGENT

GSA FORM 9574 BACK (9~851


ATTACHMENT50


Activity Report -September 1 - November 30, 2008

Page 1 of 3

DatelTime Event11/28/2008

2:29:08 PM Access Granted1:07:57 PM Access Granted

11/25/20082:05:35 PM Access Granted9:24:30 AM Access Granted

11/21/20089:29:46 AM Access Granted


11/19/20083:19:36 PM Access Granted1:19:57 PM Access Granted12:17:24 PM Access Granted9:28:53 AM Access Granted


11/14/20083:11 :00 PM Access Granted9:38:54 AM Access Granted


11/7/20082:32:07 PM Access Granted

11 :11 :17 AM Access Granted9:29:35 AM Access Granted


11/5/20085:41:44 PM Access Granted1:31:44 PM Access Granted9:28:58 AM Access Granted




10:41 :26 AM Access Granted9:32: 11 AM Access Granted



10/23/20081:54:12 PM Access Granted9:01 :34 AM Access Granted


Device

NY 26 FED EDUANE HCP TURNSTLE 1NY 26 FED E. DUANE TURNSTILE 2

NY 26 FED BROAD HCP TURNSTILE 1NY 26 FED LAFAY TURNSTILE 5

NY 26 FED LAFAY TURNSTILE 4

NY 26 FED E. DUANE TURNSTILE 2. NY 26 FED LAFAY TURNSTILE 3

NY 26 FED EDUANE HCP TURNSTLE 1NY 26 FED LAFAY TURNSTILE 5NY 26 FED LAFAY TURNSTILE 5NY 26 FED LAFAY TURNSTILE 5

NY 26 FED E.DUANE HCP TURNSTLE 1NY 26 FED LAFAY TURNSTILE 5

NY 26 FED E.DUANE HCP TURNSTLE 1NY 26 FED LAFAY TURNSTILE 4


NY 26 FED E. DUANE TURNSTILE 2NY 26 FED EDUANE HCP TURNSTLE 1NY 26 FED LAFAY TURNSTILE 5

NY 26 FED EDUANE HCP TURNSTLE 1NY 26 FED LAFAY TURNSTILE 5

NY 26 FED E.DUANE HCP TURNSTLE 1NY 26 FED BROAD TURNSTILE 4NY 26 FED LAFAY TURNSTILE 4

NY 26 FED BROAD TURNSTILE 2NY 26 FED LAFAY TURNSTILE 4

NY 26 FED BROAD HCP TURNSTILE 1NY 26 FED E. DUANE TURNSTILE 2

NY 26 FED E.DUANE HCP TURNSTLE 1NY 26 FED E. DUANE TURNSTILE 2NY 26 FED LAFAY TURNSTILE 5

NY 26 FED LAFAY TURNSTILE 3NY 26 FED E.DUANE HCP TURNSTLE 1

NY 26 FED BROAD TURNSTILE 2NY 26 FED E.DUANE HCP TURNSTLE 1


NY 26 FED E.DUANE Hep TURNSTLE 1NY 26 FED E. DUANE TURNSTILE 2


Activity ReportSeptember 1 - November 30, 2008

Page 2tlt '

DatelTime Event10/21/2008

4:09:58 PM Access Granted8:48:30 AM Access Granted






1017120084:03:02 PM Access Granted2:21:13 PM Access Granted9:30:23 AM Access Granted




9/26/20085:00:41 PM Access Granted3:13:58 PM Access Granted10:47:38 AM Access Granted10:47:29 AM Smart Card Authentication Failed





9/18/20082:4151 PM Access Granted2:36:44 PM Access Granted1:59:18 PM Access Granted12:03:54 PM Access Granted9:40:49 AM Access Granted

9/17/20085:08:37 PM Access Granted2:01:54 PM Access Granted

9/16/20084:23:13 PM Access Granted4:22:58 PM Smart Card Authentication Failed9:22:53 AM Access Granted

9/12/2008

Device

NY 26 FED E. DUANE TURNSTILE 2NY 26 FED LAFAY TURNSTILE 5

NY 26 FED BROAD HCP TURNSTILE 1NY 26 FED BROAD TURNSTILE 4



NY 26 FED E.DUANE Hep TURNSTLE 1NY 26 FED E.DUANE HCP TURNSTLE 1

NY 26 FED BROAD TURNSTILE 4NY 26 FED LAFAY TURNSTILE 5NY 26 FED E. DUANE TURNSTILE 2

NY 26 FED BROAD HCP TURNSTILE 1NY 26 FED LAFAY TURNSTILE 5NY 26 FED LAFAY TURNSTILE 4

NY 26 FED E.DUANE HCP TURNSTLE 1

NY 26 FED E. DUANE TURNSTILE 2

NY 26 FED E. DUANE TURNSTILE 2NY 26 FED E.DUANE HCP TURNSTLE 1

NY 26 FED E. DUANE TURNSTILE 2NY 26 FED E. DUANE TURNSTILE 2NY 26 FED E.DUANE HCP TURNSTLE 1NY 26 FED E.DUANE HCP TURNSTLE 1


NY 26 FED E.DUANE Hep TURNSTLE 1NY 26 FED LAFAY TURNSTILE 4



NY 26 FED 18FL ANNEX WOMENS ROOMNY 26 FED 18FL ANNEX WOMENS ROOMNY 26 FED E.DUANE Hep TURNSTLE 1NY 26 FED E.DUANE HCP TURNSTLE 1NY 26 FED LAFAY TURNSTILE 4

NY 26 FED BROAD HCP TURNSTILE 1NY 26 FED LAFAY TURNSTILE 3

NY 26 FED BROAD HCP TURNSTILE 1NY 26 FED BROAD HCP TURNSTILE 1NY 26 FED LAFAY TURNSTILE 4


Activity ReportSeptember 1 - November 30, 2008

Page 3 of 3

DatelTime Event4:08:58 PM Access Granted2:39:49 PM Access Granted







DeviceNY 26 FED E. DUANE TURNSTILE 2NY 26 FED E.DUANE HCP TURNSTLE 1

NY 26 FED BROAD HCP TURNSTILE 1NY 26 FED LAFAY TURNSTILE 3NY 26 FED E.DUANE HCP TURNSTLE 1

NY 26 FED E. DUANE TURNSTILE 2NY 26 FED LAFAY TURNSTILE 5


NY 26 FED LAFAY TURNSTILE 4NY 26 FED EDUANE HCP TURNSTLE 1


NY 26 FED EDUANE HCP TURNSTLE 1NY 26 FED EDUANE HCP TURNSTLE 1


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T he Office of Investigations, Office of InspectorGeneral, General Services Administration,strives to provide the highest quality service

responsive to your needs.

We are very interested in the continuousimprovement of the work products and services provided to our customers. Therefore, we areasking for your help in evaluating our recentinvestigative support provided to your organization.

We have designed a customer satisfaction survey that,with your participation, will help us assess how wellwe are doing.

Please take a few minutes to answer the questions onthis survey; then simply fold, staple and return the survey to the Office of Investigations, Washington, D.C.

All individual responses to the survey will remaincompletely confidential. Your name is optional at theend of this survey.

Thank you for your time and participationin this survey. Your participation is vital to the successof the survey process.

If you have any questions, please call me on(202) 501-1397.

Cordially,

~,'-L_JAMES E. HENDERSON

Assistant Inspector General for Investigations


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We have designed a customer satisfaction survey that,with your participation, will help us assess how wellwe are doing.

Please take a few minutes to answer the questions onthis survey; then simply fold, staple and return the survey to the Office of Investigations, Washington, D.C.

All individual responses to the survey will remaincompletely confidential. Your name is optional at theend of this survey.

Thank you for your time and participationin this survey. Your participation is vital to the successof the survey process.

If you have any questions, please call me on(202) 501-1397.

Cordially,

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Assistant Inspector General for Investigations
